A threat to justice and democracy
Prime Minister Robert Abela’s recent call for the Justice Minister to reform the process by which magisterial inquiries are requested and conducted raises serious concerns about the state of accountability and transparency in Malta. The implications of his remarks on Sunday suggest a worrying desire to limit ordinary citizens’ ability to request such inquiries, a move that is both dangerous and potentially indicative of desperation.
If the government has nothing to hide, there should be no fear of magisterial inquiries. These inquiries are critical to safeguarding the public interest, especially when allegations of corruption and misconduct arise. The latest claims—ranging from irregularities in boat mooring allotments at Mġarr Harbour to accusations involving Transport Malta employees—are not trivial. These allegations are specific, name individuals, and merit thorough investigation.
Magisterial inquiries are often the only avenue for ordinary citizens to pursue justice when the police fail to act. The current system already includes safeguards to prevent abuse. Magistrates evaluate every request for an inquiry, ensuring that frivolous claims do not clog the judicial process. Appeals are possible, adding another layer of scrutiny, and inquiries are solely focused on preserving evidence, leaving the determination of guilt to later judicial proceedings.
Instead of undermining this crucial mechanism, reforms should aim to strengthen it. One proposal is the creation of a dedicated pool of investigative magistrates supported by specialized officers. This would prevent inquiries from interfering with regular court work and ensure timely, thorough investigations.
Abela’s comments, however, do not suggest a move in this direction. Instead, they hint at restrictions that would curtail citizens’ rights. Such a step would undermine democracy and erode public trust in institutions. Transparency and accountability are pillars of a healthy democracy, and any attempt to weaken them should be met with strong resistance.
If the government is committed to justice, it should welcome scrutiny, not fear it. Reform should enhance the judicial process, not silence the voices of ordinary citizens seeking the truth. In a democracy, no one—least of all the government—is above the law.